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INDONESIA
Journal of Law Science
ISSN : -     EISSN : 26849658     DOI : -
Core Subject : Humanities, Social,
Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP is managed to be issued three times in every volume. The Scope of Journal of Law Science is: -Law: including civil law, criminal law, administrative law, military law, constitutional law, international law. -Judiciary: including judicial case management and management of the judicial apparatus.
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Articles 5 Documents
Search results for , issue "Vol. 3 No. 3 (2021): Law Science" : 5 Documents clear
Juridical Review Of The Executorial Strength Of Liability Certificates In Overcoming Non-Loading Loans (Study At Bank Danamon Cab. Sukaramai Assistant) Deri Fachrizal
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1669

Abstract

The increase in development activities has resulted in an increasing need for the availability of funds, most of which are obtained through credit activities. So it can be said that credit is one of the most important sources of development financing. Credit in banking activities is the most important business activity, because the largest income from bank business comes from income from credit business activities in the form of interest and fees. The problem in this research is how is the procedure for binding the mortgage certificate as collateral for the credit agreement at PT. Bank Danamon Sub-Branch Sukaramai Medan. What are the obstacles to Mortgage in Fulfilling the Rights of the Parties in the Mortgage Execution Process at PT. Bank Danamon Sukaramai Medan Sub-Branch and How the Executional Strength of Mortgage Certificate at PT. Bank Danamon Sub-Branch Sukaramai Medan?. The method used in this research is empirical juridical, namely an approach from the point of view of the rules and implementation of regulations that apply in society, which is carried out by researching secondary data first, then continued by conducting research on primary data in the field. The procedures that must be fulfilled by the customer from the time the credit application is submitted until the payment of a loan granted by the Bank is: Credit Application, Credit Investigation and Analysis, Types of Credit. The importance of binding debt guarantees is so that we can anticipate exactly whether the guarantee will be able to be executed or easily executed. This is because the different procedures for binding guarantees have a direct correlation with how they are executed. Obstacles in the Execution of Mortgage as collateral for credit for legal protection for the interests of Creditors. There are several factors that become obstacles that often occur, namely the resistance by the Mortgage holder himself to the execution of the first Mortgage holder's application. This issue is not regulated in UUHT but is in the Material of Civil Procedure Law. The Mortgage Law has given great executorial power to the Mortgage Certificate, namely by the inclusion of an Irah-Irah which reads "For Justice Based on the One Godhead", so that the position of the Mortgage Certificate is the same as the Court's Decision which has obtained permanent legal force
Settlement Of Bad Loans Through Debt Payment Obligation Submitting Institutions (PKPU) Dini Syakina Siregar
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1672

Abstract

In order to enter the era of globalization and face the growth of the national economy, the banking sector is one sector that must be developed and utilized optimally. Especially through the provision of facilities provided by the banking sector for the community. The problem formulated in writing this thesis is how to handle bad loans in the banking environment, then discussed again What is the legal relationship between the Suspension of Debt Payment Obligations (PKPU) and bad loans, then discussed about How to settle bad loans through the Debt Payment Obligation Suspension Agency. (PKPU).The research that will be conducted is normative legal research. Normative research based on primary and secondary legal materials, namely the intarization of regulations relating to the writing of the author's thesis. The data collection technique was carried out by means of library research (library research). From the data that has been collected, both primary data and secondary data, then processed and analyzed using qualitative descriptive analysis techniques. Bad credit (Non Performing Loan / NPL) is where the credit cannot run as agreed in the credit contract agreement. Bad credit or credit failure can occur for many reasons. To avoid the occurrence of bad credit, it is necessary to control. Every loan disbursement of course has complied with banking regulations and is in accordance with sound credit principles. If indeed in the future, the credit develops into bad credit, then PKPU will be an alternative for the debtor and creditor in repaying the credit. As long as PKPU lasts, debtors cannot be forced to pay their debts. All execution actions that have been assessed to obtain debt repayment, must be suspended.
Jurisdiction Of A Country’s Air Territorry In International Law Perspective Yan Jefri Barus
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1673

Abstract

The sovereignty of a country is no longer absolute or absolute, but at certain limits it must respect the sovereignty of other countries, which are regulated through international law. This is what became known as the relative sovereignty of the state. In the context of international law, a sovereign state must essentially obey and respect international law, as well as the sovereignty and territorial integrity of other countries. The problem in this research is How is the JURISDICTION of a country's airspace? What are the principles of air law adopted by nations in the world (internationally)? How is the JURISDICTION of a country's airspace in the perspective of international law? Its basic function is to show the way to solve research problems. The airspace contained above the land area, inland waters, and territorial sea is included in the jurisdiction of a country. This can be seen from article 1 of the Chicago Convention 1944 concerning International Civil Aviation: "State sovereignty in the air space above its territorial area is complete and exclusive sovereignity". This provision is one of the main pillars of international law governing air space. The principles of international air law include the principle of airspace sovereignty, the principle of JURISDICTION of air space, and the principle of responsibility. The principles in jurisdiction are the principle of territorial, national, passive personality, protection or security, universality, and crime according to applicable legal criteria. In relation to state jurisdiction in airspace, very closely related to law enforcement in the airspace. With jurisdiction, the country concerned has the authority and responsibility in the air to carry out law enforcement in air space.
Legal Position Of A Person Who Is Not Attended (Afwezigheid) According To The Kuhperdata (Case Study At The Career Of Health Of Medan) Jessica Vania Theresa Samosir
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1674

Abstract

The development of technology and information does not guarantee that someone's whereabouts are unknown to others. Over time, it turns out that there is still a state of absence (afwezigheid), where a person's whereabouts are not known. With the condition of a person's whereabouts is not known by the family or community where he has committed a legal act, a problem will arise regarding the legal status of the person, this will relate to the interests of other people, namely the family left behind and will also intersect with various legal aspects, including the person's inheritance. The legal status of the person declared in a state of absence (afwezigheid),Based on this background, the issues raised are how the procedures for implementing and managing assets from an absence state (afwezigheid) by the Medan Heritage Property Center are held, what is the responsibility of the Medan Heritage Property Office in managing absenteeism fees (afwezigheid) and what is the role of the Medan Heritage Property Center in implementing and management of inheritance based on Court Decision Number 123/Pdt.P/2005/PN.TTD. The research method used in this study is descriptive analytical research, because it aims to describe the real situation, then the data obtained are analyzed qualitatively. Data were obtained through library research, namely collecting theoretical materials from the literature such as primary legal materials, secondary legal materials, and tertiary legal materials. The process of managing the assets of people who are not present (afwezigheid) is carried out starting from the recording stage to the stage of managing boedel in an absent state (afwezigheid). The responsibility of the Medan Heritage Treasurer in managing boedel absences (afwezigheid) is carried out until a period of 30 years and then becomes the property of the State, the role of the Medan Heritage Treasures in managing boedel absences (afwezigheid) based on Court Decision Number 123/Pdt.P/2005 /PN.TTD has been in accordance with the duties and functions of the Heritage Office.
Legal Protection Of Broker Company’s Customers Against Commodity Futures Trading In Review Of Law Number 10 Year 2011 (Case Study Of PT. Kontak Perkasa Future) Rahmat Ari Septiawan
Journal of Law Science Vol. 3 No. 3 (2021): Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v3i3.1676

Abstract

This thesis discusses the legal protection of brokerage company customers against commodity futures trading in terms of Law Number 10 of 2011 concerning commodity futures trading, to determine the role of brokerage companies in conducting commodity futures trading transactions and to determine aspects of legal protection provided by brokerage companies. to the agreement that has been made between the brokerage companies in this case is PT..Kontak Perkasa Future and customers/investors; and to know the legality and supervision in the futures trading transactions to customers, business people, to the general public, and especially to futures brokerage companies in Indonesia.This study uses normative juridical research, which is a form of research that describes the applicable laws and regulations associated with legal theories and positive law enforcement practices, which are related to the problems investigated. The data collection techniques that the author uses in this research are interviews, literature study, direct observation or field observation. With the existence of a free market, the freedom of consumers (in this case customers in the Futures trading sector) to choose products and services from a Futures brokerage company is increasingly open. On the other hand, this condition can result in the position of business actors (in this case Futures Brokers) and consumers (customers) becoming unbalanced. The customer is in a weak position and becomes the object of business activity to achieve the maximum profit by business actors (Futures Brokers). The main factor that becomes the weakness of consumers (customers) is that the level of customer awareness of their rights is still very low, plus not all futures brokerage companies that appear have a business license from CoFTRA, therefore a legal protection is needed for brokerage company customers in Indonesia. Commodity futures trading as regulated in Law Number 10 of 2011.

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